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B-133227 1 (1976-09-18)

handle is hein.gao/gaobadczl0001 and id is 1 raw text is: 



                  0   ~    THE COMPTROLLER GENERAL
 DE*ISION        .   .        OF  THE     UNITEO      STATES
                              WASHINGTON, D.C. 20548




 FILE: B-133227                     DATE:   SEP 13  1976

 MATTER OF: Securities   registration fees for mutual funds.


 DIG3ESTEven  though Securities and Exchange Commission finds that
         open-end management companies (i.e., mutual funds) currently
         incur security registration fees disproportionate to their
         size and that they rationally can be distinguished from other
         companies registering for public offerings of securities,
         we are not aware of any authority for the Cormission to
         issue regulations which would, in effect, waiva statutory
         registration fee imposed by section 6(b) of Securities Act
         of 1933, 15 U.S-^. § 77f(b), with respect to that dollar
         amount of newly issued securities which merely replace
         securities redeemed during preceding year.


     We have been asked by the General Counsel, Securities and Exchange
Commission for our opinion concerning the adoption of a rule which
would, in certain limited circumstances, waive the registration fee
prescribed in section 6(b) of the Securities Act of 1933, as amended,
Pub. L. No. 73-22, Ch. 38, title I, 48 Stat. 74, 15 U.S.C. § 77f(b)
(1970).

     Section 6(b), 15 U.S.C. S 77f(b), provides:

          At the time of filing a registration statement
     the applicant shall pay to the Commission a fee of
     one-fiftieth of 1 percentum of the maximum aggregate
     price at which such securities are proposed to be
     offered, but in no case shall such a fee be less than
     $100.

     The Commission is considering-promulgating a regulation prescribing
a different means of calculating the registration fee for open-end
management companies, commonly known as mutual funds. Under the Invest-
ment Company Act of 1940, as amended, Pub. L. No. 76-768, Ch. 686, title I,
54 Stat. 789, 15 U.S.C. § 80a-1, et seq., open-end management companies
are a type of investment company offering redeemable securities. See
15 U.S.C. §  .80a-3(a), 80a-4(3) and 80a-5(a)(1). Open-end management
companies are constantly issuing new shares to the public and therefore,
are continuously in registration. These companies also continuously


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